Criminal Law: Stalking Offenses

Stalking and Domestic Violence

• Stalking is a class A misdemeanor unless the person has previously pleaded guilty to or been found guilty of a violation of this section, in which case it is a class D felony.
• Aggravated stalking is a class D felony unless the person has previously pleaded guilty to or been found guilty of a violation of this section, in which case it is a class C felony.

Second Degree Stalking

• A person commits the offense of stalking in the second degree if they purposely, through their course of conduct, disturb or follow with the intent to disturb another person.
• The offense of stalking in the second degree is a class A misdemeanor, unless the defendant has previously been found guilty of a violation of this section or section 565.225, in which case it is a class E felony.

Interstate Domestic Violence

• Traveling in interstate or foreign commerce with the intent to kill, injure, harass, or intimidate a spouse, intimate partner, or dating partner, and committing or attempting to commit a crime of violence, is punishable as provided in subsection (b).
• Conducting a course of conduct that places a person in reasonable fear of the death of or serious bodily injury to themselves, an immediate family member, or a spouse or intimate partner, or causing substantial emotional distress, is punishable as provided in subsection (b).

Interstate Violation of a Protection Order

• Traveling in interstate or foreign commerce with the intent to engage in conduct that violates a protection order, and subsequently engaging in such conduct, is punishable as provided in subsection (b).
• Causing another person to travel in interstate or foreign commerce or to enter or leave Indian country by force, coercion, duress, or fraud, and engaging in conduct that violates a protection order, is punishable as provided in subsection (b).

Possession of a Firearm While Subject to a Protection Order

• It is unlawful for a person subject to a court order that restrains them from harassing, stalking, or threatening an intimate partner or child, and includes a finding that they represent a credible threat to the physical safety of the intimate partner or child, to possess a firearm or ammunition.

Possession of a Firearm After Conviction of Misdemeanor Crime of Domestic Violence

• It is unlawful for a person who has been convicted of a misdemeanor crime of domestic violence to possess a firearm or ammunition.

Full Faith and Credit

• Any order of protection issued by another state, tribe, territory, or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, shall be given full faith and credit throughout the state in all courts, and by all law enforcement officials and agencies.

Law Enforcement Response to Domestic Violence

• Law enforcement officers have immunity from liability in any civil action alleging false arrest, false imprisonment, or malicious prosecution, when they act in good faith reliance on the domestic violence law.
• Officers are not immune from liability for criminal violations or when they fail to act as directed by the law.

Investigation and Reporting of Domestic Violence

• An officer's investigation and report should include the reason for response, time of dispatch and response, details of the dispatch, time of incident, and description of the scene.
• The report should also include the names and descriptions of all people involved, statements and excited utterances, protection order information, and elements of crimes.

Interview Techniques

• Be persistent and keep asking questions to get a complete picture of what happened.
• Avoid leading questions and listen to evaluate what people tell you.
• Be alert to nonverbal cues.

Same-Gender Domestic Violence

• Same-gender domestic violence may involve additional dynamics, such as the assumption of mutual abuse, lack of support from the community, and fear of being outed.
• Victims may not know others who are lesbian, bi, or gay, and leaving the abuser could result in total isolation.

Elder Abuse

• Elder abuse may involve additional dynamics, such as physical or cognitive disabilities, dependence on the abuser, and fear of losing contact with other family members.
• Victims may be unable to seek help or a safer situation due to these factors.

Strangulation

• Strangulation is a lethal form of domestic violence that can cause unconsciousness, brain death, and serious injury.
• Recognition of signs and symptoms, including voice changes, visible injuries, petechiae, and redness or swelling, is crucial.
• Questions to ask a strangulation victim should include the method of strangulation, duration, and any other details of the incident.

Investigating Strangulation

• Define the difference between strangulation and choking.
• Recognize the signs and symptoms of strangulation.
• Ask the victim questions about the incident, including the method of strangulation, duration, and any other details.
• Look for injuries on the victim and suspect, and take photographs.### Profiles of Stalkers
• Simple Obsessional: prior relationship; most common
• Love Obsessional: knows through media; rare
• Erotomaniac: delusional belief that they are loved by another; usually women; rare
• False Victimization Syndrome: falsely reports being stalked; rare

Investigative Considerations for Evidence-Based Prosecution of Domestic Violence Cases

• Consider 911 calls and other recording devices and preserve the recordings
• Interview children, even if parents say they did not witness any events
• Interview all possible witnesses, including neighbors
• Interview people the victim may have talked to about incidents, such as close relatives and friends
• Get future contact information, such as an email address or relative
• Obtain medical records with the victim's signature
• Document names of individuals from responding fire, ambulance, and law enforcement
• Take photos at the scene and follow-up photos of injuries
• Include a thorough physical description of all people involved
• Collect letters, notes, text messages, voice mails, etc.
• Note verbal and non-verbal communication
• Collect clothing, weapons, and physical evidence

Coordinated Community Response to Domestic Violence

• A coordinated community response is important to address the needs of all battered women
• Raising community awareness and reshaping social norms condemning domestic violence and supporting battered women is critical for widespread and permanent changes

Mandated Reporter Law and Penalty for Failing to Report Elder Abuse

• The law requires certain professionals to report elder abuse immediately
• Professionals include healthcare workers, social workers, law enforcement, and more
• The penalty for failing to report is a class A misdemeanor

Role of the Division of Health and Senior Services (DHSS)

• Investigates abuse, neglect, and exploitation of vulnerable individuals 60 and older and people with disabilities between 18 and 59
• Missouri Adult Abuse and Neglect Hotline: 800-392-0210 for reporting suspected abuse